European Union (Withdrawal) Bill (HC Bill 147)

“(10)In this section “exit day” (and related expressions) and “retained direct EU legislation” have the same meaning as in the European Union (Withdrawal) Act 2018 (see section 14(1) to (5) of that Act).””

225In section 37 (interpretation of Part 2 of the Act)—

(a)in the definition of “enactment”, at the end insert “and any retained direct EU legislation”,

(b)after that definition insert—

“““retained direct EU legislation” has the same meaning 10as in the European Union (Withdrawal) Act 2018 (see section 14(1) of that Act),”, and”

(c)at the end insert—

“““subordinate legislation” includes an instrument made or to be made under any retained direct EU15legislation on or after exit day (within the meaning of the European Union (Withdrawal) Act 2018 (see section 14(1) to (5) of that Act)).””

23In Schedule 1 (definitions of words and expressions)—

(a)omit from “the EU” to “meanings given by that Act”, and

(b)20at the end insert—

““Definitions relating to the EU

“The Communities” means Euratom, the Economic Community and the Coal and Steel Community, but a reference to any or all of those Communities is to be treated 25as being or including (as the context requires) a reference to the EU.

“E.C.S.C. Treaty” means the Treaty establishing the European Coal and Steel Community, signed at Paris on 18 April 1951.

30“E.E.C. Treaty” means the Treaty establishing the European Economic Community, signed at Rome on 25 March 1957.

“Entry date” means the date on which the United Kingdom became a member of the Communities (which neither 35includes nor is a reference to the EU).

“The EU” or “the European Union” means the European Union, being the Union established by the Treaty on European Union signed at Maastricht on 7 February 1992 (as amended by any later Treaty); and includes, so far as 40the context permits or requires, Euratom.

“EU institution” means any institution of the EU.

“EU instrument” means any instrument issued by an EUinstitution other than any retained direct EU legislation (within the meaning of the European Union (Withdrawal) 45Act 2018 (see section 14(1) of that Act)).

European Union (Withdrawal) BillPage 61

“Euratom”, “Economic Community” and “Coal and Steel Community” mean respectively the European Atomic Energy Community, the European Economic Community and the European Coal and Steel Community (but see the 5definition of “the Communities” for provision as to the construction of references to those Communities).

“Euratom Treaty” means the Treaty establishing the European Atomic Energy Community, signed at Rome on 25 March 1957.

10“European Court” means the Court of Justice of the European Union.

“Member”, in the expression “member State”, refers to membership of the EU.

“The Treaties” or “the EU Treaties” means the Treaties or 15EU Treaties, within the meaning given by section 1(2) of the European Communities Act 1972 as that Act had effect immediately before its repeal by section 1 of the European Union (Withdrawal) Act 2018, as at immediately before exit day (within the meaning of that Act (see section 14(1) 20to (5) of that Act)).””

Small Business, Enterprise and Employment Act 2015

24In section 30 of the Small Business, Enterprise and Employment Act 2015 (meaning of “provision for review”), in subsection (3)—

(a)omit “EU obligation or any other”, and

(b)25omit “Member States or”.

Part 3General transitional, transitory or saving provision

Continuation of existing acts etc.

25(1)Anything done—

(a)30in connection with anything which continues to be, or forms part of, domestic law by virtue of section 2, 3, 4 or 6(3) or (6), or

(b)for a purpose mentioned in section 2(2)(a) or (b) of the European Communities Act 1972 or otherwise related to the EU or the EEA,

if in force or effective immediately before exit day, continues to be in force 35or effective on and after exit day.

(2)Anything done—

(a)in connection with anything which continues to be, or forms part of, domestic law by virtue of section 2, 3, 4 or 6(3) or (6), or

(b)for a purpose mentioned in section 2(2)(a) or (b) of the European 40Communities Act 1972 or otherwise related to the EU or the EEA,

which, immediately before exit day, is in the process of being done continues to be done on and after exit day.

(3)Sub-paragraphs (1) and (2) are subject to—

(a)section 1 and the withdrawal of the United Kingdom from the EU,

European Union (Withdrawal) BillPage 62

(b)sections 2 to 6 and Schedule 1,

(c)any provision made under section 17(5), and

(d)any other provision made by or under this Act or any other enactment.

(4)5References in this paragraph to anything done include references to anything omitted to be done.

Part 4Specific transitional, transitory and saving provision

Retention of existing EU law

2610Section 4(2)(b) does not apply in relation to any rights, powers, liabilities, obligations, restrictions, remedies or procedures so far as they are of a kind recognised by a court or tribunal in the United Kingdom in a case decided on or after exit day but begun before exit day (whether or not as an essential part of the decision in the case).

27(1)15Subject as follows and subject to any provision made by regulations under section 17(5), section 5(4) and paragraphs 1 to 4 of Schedule 1 apply in relation to anything occurring before exit day (as well as anything occurring on or after exit day).

(2)Section 5(4) and paragraphs 1 to 4 of Schedule 1 do not affect any decision of 20a court or tribunal made before exit day.

(3)Section 5(4) and paragraphs 3 and 4 of Schedule 1 do not apply in relation to any proceedings begun, but not finally decided, before a court or tribunal in the United Kingdom before exit day.

(4)Paragraphs 1 to 4 of Schedule 1 do not apply in relation to any conduct 25which occurred before exit day which gives rise to any criminal liability.

(5)Paragraph 3(2) of Schedule 1 does not apply in relation to any decision of a court or tribunal, or other public authority, on or after exit day which is a necessary consequence of any decision of a court or tribunal made before exit day.

30Main powers in connection with withdrawal

28The prohibition on making regulations under section 7, 8 or 9 or Schedule 2 after a particular time does not affect the continuation in force of regulations made at or before that time (including the exercise after that time of any power conferred by regulations made at or before that time).

35Devolution

29(1)The amendments made by section 11 and Part 1 of Schedule 3 do not affect the validity of—

(a)any provision of an Act of the Scottish Parliament, Act of the National Assembly for Wales or Act of the Northern Ireland 40Assembly made and in force before exit day, or

(b)any subordinate legislation made, confirmed or approved and in force before exit day.

European Union (Withdrawal) BillPage 63

(2)Accordingly and subject to sub-paragraphs (3) to (5) and (9), the validity of anything falling within sub-paragraph (1)(a) or (b) is to be decided by reference to the law before exit day.

(3)Section 29(2)(d) of the Scotland Act 1998, so far as relating to EU law, does 5not apply to any provision of an Act of the Scottish Parliament made before exit day if the provision—

(a)comes into force on or after exit day or comes into force before that day and is a power to make, confirm or approve subordinate legislation,

(b)10is made when there is an Order in Council under section 29(4C) of the Scotland Act 1998, and

(c)would, by virtue of the Order, not be in breach of the restriction in section 29(4A) of that Act when the provision comes into force (or, in the case of a provision which comes into force before exit day, on or 15after exit day) if the provision and the Order were made and in force at that time.

(4)Section 108A(2)(e) of the Government of Wales Act 2006, so far as relating to EU law, does not apply to any provision of an Act of the National Assembly for Wales made before exit day if the provision—

(a)20comes into force on or after exit day or comes into force before that day and is a power to make, confirm or approve subordinate legislation,

(b)is made when there is an Order in Council under section 108A(10) of the Government of Wales Act 2006, and

(c)25would, by virtue of the Order, not be in breach of the restriction in section 108A(8) of that Act when the provision comes into force (or, in the case of a provision which comes into force before exit day, on or after exit day) if the provision and the Order were made and in force at that time.

(5)30Section 6(2)(d) of the Northern Ireland Act 1998, so far as relating to EU law, does not apply to any provision of an Act of the Northern Ireland Assembly made before exit day if the provision—

(a)comes into force on or after exit day or comes into force before that day and is a power to make, confirm or approve subordinate 35legislation,

(b)is made when there is an Order in Council under section 6(8) of the Northern Ireland Act 1998, and

(c)would, by virtue of the Order, not be in breach of the restriction in section 6(6) of that Act when the provision comes into force (or, in the 40case of a provision which comes into force before exit day, on or after exit day) if the provision and the Order were made and in force at that time.

(6)Section 57(2) of the Scotland Act 1998, so far as relating to EU law, does not apply to the making, confirming or approving before exit day of any 45subordinate legislation if the legislation—

(a)comes into force on or after exit day,

(b)is made, confirmed or approved when there is an Order in Council under section 57(5)(c) of the Scotland Act 1998, and

European Union (Withdrawal) BillPage 64

(c)the making, confirming or approving would, by virtue of the Order, not be in breach of the restriction in section 57(4) of that Act when the legislation comes into force if—

(i)the making, confirming or approving had occurred at that 5time,

(ii)in the case of legislation confirmed or approved, the legislation was made at that time, and

(iii)the Order was made and in force at that time.

(7)Section 80(8) of the Government of Wales Act 2006, so far as relating to EU10law, does not apply to the making, confirming or approving before exit day of any subordinate legislation if the legislation—

(a)comes into force on or after exit day,

(b)is made, confirmed or approved when there is an Order in Council under section 80(8A)(c) of the Government of Wales Act 2006, and

(c)15the making, confirming or approving would, by virtue of the Order, not be in breach of the restriction in section 80(8) of that Act, so far as relating to retained EU law, when the legislation comes into force if—

(i)the making, confirming or approving had occurred at that 20time,

(ii)in the case of legislation confirmed or approved, the legislation was made at that time, and

(iii)the Order was made and in force at that time.

(8)Section 24(1)(b) of the Northern Ireland Act 1998, so far as relating to EU law, 25does not apply to the making, confirming or approving before exit day of any subordinate legislation if the legislation—

(a)comes into force on or after exit day,

(b)is made, confirmed or approved when there is an Order in Council under section 24(4)(c) of the Northern Ireland Act 1998, and

(c)30the making, confirming or approving would, by virtue of the Order, not be in breach of the restriction in section 24(3) of that Act when the legislation comes into force if—

(i)the making, confirming or approving had occurred at that time,

(ii)35in the case of legislation confirmed or approved, the legislation was made at that time, and

(iii)the Order was made and in force at that time.

(9)Section 57(2) of the Scotland Act 1998, section 80(8) of the Government of Wales Act 2006 and section 24(1)(b) of the Northern Ireland Act 1998, so far 40as relating to EU law, do not apply to the making of regulations under Schedule 2 or 4.

30The amendments made by Part 1 of Schedule 3 do not affect the validity of any act (other than the making, confirming or approving of subordinate legislation) done before exit day by a member of the Scottish Government, 45the Welsh Ministers, the First Minister for Wales, the Counsel General to the Welsh Government, a Northern Ireland Minister, the First Minister in Northern Ireland, the deputy First Minister in Northern Ireland or a Northern Ireland department.

European Union (Withdrawal) BillPage 65

Other provision

31(1)The definition of “relevant criminal offence” in section 14(1) is to be read, until the appointed day, as if for the words “the age of 18 (or, in relation to Scotland or Northern Ireland, 21)” there were substituted “the age of 21”.

(2)5In sub-paragraph (1), “the appointed day” means the day on which the amendment made to section 81(3)(a) of the Regulation of Investigatory Powers Act 2000 by paragraph 211 of Schedule 7 to the Criminal Justice and Court Services Act 2000 comes into force.

32(1)The amendment made by paragraph 6 does not affect whether the payment 10of any fees or other charges may be required under section 56 of the Finance Act 1973 in connection with a service or facilities provided, or an authorisation, certificate or other document issued, before that amendment comes into force.

(2)Sub-paragraph (3) applies where—

(a)15immediately before the amendment made by paragraph 6 comes into force, the payment of fees or other charges could be required, under section 56 of the Finance Act 1973, in connection with the provision of a service or facilities, or issuing an authorisation, certificate or other document, in pursuance of an EU obligation, and

(b)20after the amendment made by paragraph 6 comes into force—

(i)regulations made under that section (whether or not modified under Part 2 of Schedule 4 or otherwise) prescribing the fees or charges, or under which the fees or charges are to be determined, form part of retained EU law, 25and

(ii)the service or facilities are provided, or the authorisation, certificate or other document is issued, under or in connection with retained EU law.

(3)Despite the amendment made by paragraph 6, the payment of fees or other 30charges may be required, under that section and in accordance with the regulations, in connection with the provision of the service or facilities, or the issuing of the authorisation, certificate or other document.